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Patna High CourtCR. MISC./86331/2023allowed

Sanni Kumar v. The State Of Bihar

2024-01-22Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86331 of 2023 Arising Out of PS. Case No.-793 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Sanni Kumar Son Of Jitendra Goswami Resident Of Village - Hariharganj, Main Market, Ward No.9, P.S. - Hariharganj, District - Palamu (Jharkhand) ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Excise P.S. Case No. 793 of 2023 for the offences registered under Sections 30(a), 32(1), 32(3), 41(1) and 41(2) of the Excise Act.

3. As per the prosecution case, 525 litres spirit was recovered from the Scorpio vehicle in which petitioner was sitting.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to village politics. Nothing has been recovered from the conscious possession of the petitioner and the alleged Scorpio vehicle does not belong to the petitioner. Petitioner had

Patna High Court CR. MISC. No.86331 of 2023(2) dt.22-01-2024 2/2 taken lift in the said vehicle. He had no knowledge about the seized spirit. He has no concern either with the Scorpio vehicle or the seized spirit. Petitioner has no criminal antecedent. He is in custody since 14.10.2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Excise P.S. Case No. 793 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T